AMMA BEGUM Vs. SUSHILA BAI

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge put forth in this petition un-der Article 227 of the Constitution of India is to an order dated 16-12-2010 passed by the Fifth Additional District Judge (Fast Track Court) to the Court of Third Additional District Judge, Chhindwara, in Civil Suit No. 3-A/2010 whereby an application preferred by the petitioner, who is defendant No. 5 in the suit, under Order 6 Rule 17 of the Code of Civil Procedure, 1908 has been rejected.

(3.) The suit filed by respondent Nos. 1 and 2 is for declaration, partition and for getting their share in suit property. The petitioner herein fded her written statement on 04-10-2010. Thereafter on 16-12-2010 she filed an application under Order 6 Rule 17 of the CPC proposing amendment in the written state-ment on the ground that certain important facts were left out in the written statement filed by her. The petitioner/defendant pro-posed to add paragraphs 19-A and 19-B in the written statement.